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Archive for the ‘Bankruptcy & Debt’ Category

Transfers of Property and Bankruptcy

Monday, August 9th, 2010

The purpose of this task is to assure the court that you have not attempted to hide assets in order to protect them from being seized and liquidated to pay back creditors. Some people, in an attempt to hold on to asset, will either give it to a family member or friend with the intention of having them give it back to you once you have file bankruptcy and had your debts discharged. For example, you may own a vacation home that you don’t want to lose in the bankruptcy proceedings. So, you transfer the deed to your Uncle Joe. The goal, in your mind, is to protect this asset from being sold to pay back your creditors. There is an implicit or explicit understanding between you and your uncle that once the bankruptcy proceedings are over with, that he will deed the property back to you.


While this all sounds good, in theory – in practice, you have committed fraud in the eyes of the bankruptcy court. If discovered, the court will most likely rule this as a fraudulent transfer of assets. In this case, the likely outcome is that the asset will be seized anyway, liquidated for the creditors, and the bankruptcy dismissed. In other words, an all around loss for you. You may think that you can hide your transfer by simply responding no when asked if you have transferred any property within the last two years. However, if you do this, you have committed perjury which not only puts you at risk for a jail term but, in addition, nullifies your bankruptcy request.

If you have substantial assets that you really want to protect, the best way to handle a situation like this is to gift the asset away and then wait two years. This way no red flags will be set off when you are asked if you have transferred any assets within the past two years, because in truth you have not. Of course, not everyone can wait two years to file for bankruptcy. In this case, your best option is to try to have the asset claimed as exempt from liquidation. Depending on the state that you are filing bankruptcy in and type of property under discussion, your request may be granted. If not, you might want to reconsider whether bankruptcy is your best option.

Connecticut Bankruptcy Lawyers

Tuesday, July 20th, 2010

Many people are under the false impression that bankruptcy means losing everything that the debtor owns in order to satisfy his or her debt. As a matter of fact, the Connecticut bankruptcy law allows debtors to keep a number of things that are essential for the well being of the debtor and his family. In spite of the fact that there is a federal exemption law, Connecticut bankruptcy law allows you to choose between state and federal exemption laws.

Items that are exempt under Connecticut bankruptcy law include personal effects, furniture, cars (subject to a specified amount of equity), and tools of trade, equity in residence, clothes, household goods as well as books and jewelry.

It should not be difficult to locate a Connecticut bankruptcy law attorney, because there are a number of them that specialize in providing service to all kinds of clients. You will be able to get effective counsel across Connecticut that deals with unforeseen medical expenses, divorce or unemployment that can catch you off guard and result in bankruptcy. A good Connecticut bankruptcy law attorney will be able to assist in taking the best option in all matters relating to filing bankruptcy.

Whether it is consumer, business or commercial bankruptcy, you will need a Connecticut bankruptcy law attorney with extensive experience in knowing all the intricacies of the laws pertaining to Connecticut bankruptcy. Keep in mind however, that there is no magic formula to help make the decision to file bankruptcy. You may consider bankruptcy as an option if you are paying minimum amounts on bills, receives a notice that a mortgage or loan is being foreclosed on or you have had severe financial setback.

Consumers can file for bankruptcy under Connecticut bankruptcy law either as Chapter 7 bankruptcy or Chapter 13 bankruptcy. With new federal bankruptcy laws coming into effect from October 17, 2005, a “means test” will determine whether the debtor is eligible for Chapter 7 bankruptcy. For those that do not qualify for Chapter 7 bankruptcy, the best and only option will be the Chapter 13 bankruptcy.

Coan, Lewendon, Gulliver & Miltenberger, LLC is a Connecticut bankruptcy law firm with expertise in the full range of commercial and personal bankruptcies and business reorganizations. For 28 years they have provided thoughtful and effective representation for clients in each bankruptcy court in the District of Connecticut.

Their practice in issues affecting the elderly and the incapacitated for the past 28 years has included counseling clients about options when planning for their health, housing, finances, and estate plans. Their reputation throughout the Connecticut legal community is one of respect for our exceptional depth of knowledge and for their dedication to their clients’ concerns. Their record of results speaks to the success of that dedication. Contact them by phone or email for more detail.

A Bankruptcy Service in Detroit

Monday, July 19th, 2010

Everyone’s situation is different, so you need to know the laws in your state as well as what applies to your individual needs. Do not overlook the fact that there may be other alternatives to filing bankruptcy. Your lawyer may be able to suggest other alternatives that will work for you and show you a way to solve you money problems by some method other than bankruptcy. You will not have that opportunity with a do-it-yourself bankruptcy service. Always file through a qualified professional such as a bankruptcy attorney.

A qualified attorney will talk with you about your situation and help you make an intelligent decision, such as whether to file chapter 7 or chapter 13 for instance. He can also examine your debts and advise you what bankruptcy can do, because there are certain types of debt that cannot be discharged via bankruptcy.

Regardless of what you read on the internet or in books about the quick fix services, a bankruptcy attorney is still your best option for bankruptcy service, because the laws change so fast that any do-it-yourself information could very well be outdated by the time you read it. A face-to-face “real time” solution is what you need. Do not look for a quick fix for your money problems; it is too important an issue to take lightly. Take advantage of the professionals waiting to help you.

You must remember also what filing bankruptcy means to your credit. It will be several years after the bankruptcy is discharged before it will come off your credit report. Generally, it is 7-10 years before you will be able to do many things. In the first two years, it is particularly difficult to get loans of any type. You will need to begin re-establishing your credit with things like secured credit cards. That does not mean it is impossible to get credit, but it is much more difficult with a bankruptcy on your credit report.

Your attorney can discuss this with you and help you better understand everything involved in getting your life back on tract. Regardless of which type you file, do not trust your financial future a “do it yourself” bankruptcy service. Most people who have used a qualified bankruptcy attorney would agree whole-heartedly that they saved much more than the cost of the attorney’s fees in terms of what they saved or did not have to give up or liquidate as part of the bankruptcy proceedings.

Valentino Law Firm is located in Bloomfield Hills, between Pontiac and Detroit. They get a full picture of your legal needs and develop a complete legal strategy for you. Attorney Victor P. Valentino uses his litigation experience and in-depth knowledge of Michigan law to provide skilled bankruptcy services and workers compensation assistance to those in the Detroit metropolitan area. They take pleasure in helping people solve their problems and formulating the best legal options. The staff of Valentino Law Firm is approachable and supportive. They welcome your business, and they appreciate the opportunity to help you. To arrange your free consultation with a Michigan lawyer, contact the Valentino Law Firm in Metro Detroit.